APPEAL COURT, HIGH COURT OF JUSTICIARY
Lord Justice General
Appeal No: XC391/02
OPINION OF THE COURT
delivered by THE LORD JUSTICE GENERAL
NOTE OF APPEAL AGAINST CONVICTION
HER MAJESTY'S ADVOCATE
Appellant: Carrol, Solicitor Advocate; McClure Collins
Respondent: J. Beckett, A.D.; Crown Agent
29 September 2004 The appellant has appealed against his conviction on a charge of rape. According to the terms of the charge of which he was convicted, he
"did assault [the complainer] seize her, pull her to the floor, restrain her there, remove her clothing, bite her on the breast, lie on top of her, force her legs apart and did rape her, all to her injury".
"was without her consent, and to accept her evidence indeed that the sexual intercourse was forced on her against her will by the accused...".
At pages 30-31 he directed the jury that they could have regard to evidence given by others as to the complainer's appellant emotional state as seen by them shortly afterwards
"as providing possible corroboration of evidence given by the complainer that the sexual intercourse was without her consent, and indeed of any evidence given by the complainer that it was forced against her will".
There is ample authority, which Mr. Carroll did not seek to challenge, that where a complainer gives evidence that she was forcibly raped, that account can be corroborated by evidence of distress (Yates v. H.M. Advocate 1990 J.C. 378; Smith v. Lees 1997 S.C.C.R. 139). The appeal against conviction is accordingly refused.